The Taxation of Pension Schemes (Transitional Provisions) (Amendment No. 2) Order 2009

Section 1Citation and commencement
This Order may be cited as the Taxation of Pension Schemes (Transitional Provisions) (Amendment No. 2) Order 2009, shall come into force on 1st September 2009 and have effect in respect of payments of pension death benefit made on or after 6th April 2006.
Section 2Amendment of the Taxation of Pension Schemes (Transitional Provisions) Order 2006
(1) The Taxation of Pension Schemes (Transitional Provisions) Order 2006 is amended as follows.
(2) For article 34 substitute—
Payments to children aged 23 or over
(34)
(1) Paragraph (2) applies to the payment of a pension death benefit by a pension scheme which falls within paragraph 1(1) of Schedule 36 where—
(a) either of Conditions A and B is satisfied and the first scheme rules condition is satisfied; or
(b) Condition C and the second scheme rules condition are satisfied.
(2) Paragraph 15(2) of Schedule 28 shall be modified as follows—
(a) at the end of paragraph (a) omit the word “or”; and
(b) after paragraph (b) insert—
(c) has reached that age and is in full time education or undertaking vocational training, or
(d) on reaching that age or, if later, on ceasing full time education or vocational training is, in the opinion of the scheme administrator, suffering from physical or mental deterioration which is sufficiently serious to prevent the individual from following a normal employment or which would seriously impair his earning capacity.
(3) The Conditions A, B and C mentioned in paragraph (1) are:
Condition A
The pension was in payment to a child (“C”) of the member (“M”) on 5th April 2006 or M had died on or before that date and a pension was due to come into payment to C.
Condition B
The pension was in payment to M on 5th April 2006 and C was born on or before 5th April 2007.
Condition C
An election such as is described in the second scheme rules condition had been made by M and accepted by the scheme administrator on or before 5th April 2006.
(4) The scheme rules conditions mentioned in paragraph (1) are:
First scheme rules condition
The rules of the pension scheme allowed a pension to be paid to a child (“C”) of the member (“M”) following M’s death until C ceased full-time education or vocational training.
Second scheme rules condition
The rules of the pension scheme on 10 December 2003 allowed an irrevocable election to be made designating part of the sums or assets representing M’s rights as available for the payment of a pension to C following M’s death until C ceased full-time education or vocational training.
(5) For the purpose of the first scheme rules condition, a rule that the pension would not be paid to C if or after C reached a specified age (even if that is before C ceased full-time education or vocational training) does not prevent the condition being satisfied.
(6) Paragraph (2) also applies to the payment of a pension death benefit by a qualifying transferee scheme (as to which see article 34B) where either—
(a) paragraph (2) had applied to payment by the original pension scheme or another transferee pension scheme; or
(b) paragraph (2) would have applied—
(i) if there had been no block transfer on or after 6th April 2006, and
(ii) if payment had been by the original pension scheme.
Payments to financially dependent children aged 23 or over
(34A)
(1) Paragraph (2) applies to the payment of a pension death benefit by a pension scheme which falls within paragraph 1(1) of Schedule 36 where—
(a) any of Conditions A to D is satisfied; and
(b) the scheme rules condition is satisfied.
(2) Paragraph 15(2) of Schedule 28 shall be modified as follows—
(a) at the end of paragraph (a) omit the word “or”; and
(b) after paragraph (b) insert—
(c) has reached that age and—
(i) is financially dependent on the member at the date of the member’s death, or
(ii) the financial relationship with the member at the date of the member’s death is one of mutual dependence.
(3) The Conditions A to D mentioned in paragraph (1) are:
Condition A
The member’s (“M’s”) pension was in payment on or before 1st July 2008.
Condition B
The pension death benefit was in payment on 1st July 2008.
Condition C
The entitlement to the pension death benefit arose before 1st July 2008.
Condition D
The entitlement to the pension death benefit was subject to the discretion of the trustees of the scheme and the discretion was capable of being exercised (in favour of the child having such an entitlement) so that the entitlement could have arisen before 1st July 2008.
(4) The scheme rules condition mentioned in paragraph (1) is:
Scheme rules condition
The rules of the pension scheme on 5th April 2006 allowed a pension to be paid to a child (“C”) of the member (“M”) following M’s death if, at the date of M’s death, C was financially dependent on M or C’s financial relationship with M was one of mutual dependence.
(5) Paragraph (2) also applies to the payment of a pension death benefit by a qualifying transferee scheme (as to which see article 34B) where—
(a) paragraph (2) had applied to payment by the original pension scheme or another transferee pension scheme; or
(b) paragraph (2) would have applied—
(i) if there had been no block transfer on or after the relevant date, and
(ii) if payment had been by the original pension scheme.
(6) For the purposes of paragraph (5), the relevant date is—
(a) in relation to Condition A, the later of—
(i) 6th April 2006, and
(ii) the date on which the member’s pension came into payment; and
(b) in relation to Condition B, C or D, the later of—
(i) 6th April 2006, and
(ii) the date of the member’s death.
Meaning of “qualifying transferee scheme”
(34B)
(1) A pension scheme is a qualifying transferee scheme for the purposes of articles 34 and 34A if it is a pension scheme to which there has been a relevant block transfer.
(2) A block transfer is relevant if any of Conditions A to C is satisfied as a result of—
(a) a block transfer from a pension scheme within paragraph 1(1) of Schedule 36 (“the original pension scheme”); or
(b) a block transfer to a pension scheme (“a transferee pension scheme”) from a pension scheme that was a transferee pension scheme in relation to the original pension scheme by virtue of the previous application of sub-paragraph (a) or the previous application (on one or more occasions) of this sub-paragraph.
(3) The Conditions A to C mentioned in paragraph (2) are:
Condition A
The member became a member of the transferee pension scheme.
Condition B
The child is a pensioner member of the transferee pension scheme.
Condition C
An irrevocable election having been made designating part of the sums or assets representing the member’s rights as available for the payment of a pension to the child, the child is entitled to such payment from the transferee pension scheme.
(4) In this article, “block transfer” has the meaning given by paragraph 22(6) of Schedule 36 , but with the modification that for “as is prescribed” in paragraph (b) there is substituted “as has been prescribed”.
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